The use of floterial districts in our political system is not ordinarily based on the theory that the floterial representative is splintered among the counties of his district per relative population. 14,090 1.07. To some extent -- aye, there's the rub. 584. supra, 369 U.S. 186fn4/70|>note 70, at 321: "The great difficulty lies in the affair of Representation, and if this could be adjusted, all others would be surmountable.". Reargued Oct. 9, 1961. . . Thus, we have unmistakable evidence of what was republican in form within the meaning of that term as employed in the Constitution.". In the 1830's, largely because of the growth of towns in which there developed a propertied class whose means were not represented by freehold estates, dissatisfaction arose with the suffrage qualifications of the charter government. See Art. See Bickel, Foreword: The Passive Virtues, 75 Harv.L.Rev. IV, Pt. The statements in Luther v. Borden, 7 How. . (1961). 55,712 4.07, Blount. ", "The ultimate result of holding this Act unconstitutional by reason of the lapse of time would be to deprive us of the present Legislature and the means of electing a new one and ultimately bring about the destruction of the State itself. . . . . By signing up for this email, you are agreeing to news, offers, and information from Encyclopaedia Britannica. Baker, a Republican citizen of Shelby County, brought suit against the Secretary of State claiming that the state had not been redistricted since 1901 and Shelby County had more residents than rural districts. . Brennan found that these factors were not present in the current case, so he ruled that it was justiciable rather than a political question. One of the concurring opinions, that of my Brother STEWART, suggests no reasons which would justify a finding that the present distribution of state legislators is unconstitutionally arbitrary. But even so, the remedy in this situation clearly does not lie with the courts. . [The Indians are] domestic dependent nations . Bell v. Hood, 327 U. S. 678, 327 U. S. 682. I feel strongly that many of the cases cited by the Court and involving so-called "political" questions were wrongly decided. Nebraska v. Wyoming, 325 U. S. 589, 325 U. S. 665. §§ 3-101 to 3-107. Our conclusion, see pp. The 1871 apportionment [Footnote 5] was preceded by an 1870 statute requiring an enumeration. These rules are based on the following obviously permissible policy determinations: (1) to utilize counties as electoral units; (2) to prohibit the division of any county in the composition of electoral districts; (3) to allot to each county that has a substantial voting population -- at least two-thirds of the average voting population per county -- a separate "direct representative"; (4) to create "floterial" districts (multi-county representative districts) made up of more than one county, and (5) to require that such districts be composed of adjoining counties. [Footnote 4/10] Some of the cases so labelled have no relevance here. . (3) Since "[t]he question relates, altogether, to the constitution and laws of [the] . all political privileges and rights would, in a dispute among the people, depend on our decision finally. I, § 34; Art. . Decatur County has only 55% of the representation of Carter County. ", "Thirtieth district -- Tipton and Shelby. 20. . . . Swafford v. Templeton, 185 U. S. 487, 185 U. S. 493. . There are no textually demonstrable commitments present regarding equal protection issues by other branches of government. In particular, we shall discover that the nonjusticiability of such claims has nothing to do with their touching upon matters of state governmental organization. 1. 39, 46-47, 169 A.2d 822, 825-826. § 1983, and 28 U.S.C. The 1870 statute providing for the first enumeration, Acts of 1870 (1st Sess. But can it be gainsaid that, so long as elections within the district are decided not by a county unit system, in which each county casts one vote, but, by adding the total number of individual votes cast for each candidate, the concern of the elected representatives will primarily be with the most populous counties in the district? United States District Court for the Middle District of Tennessee, https://ballotpedia.org/wiki/index.php?title=Baker_v._Carr&oldid=7118159, Submit a photo, survey, video, conversation, or bio, Ballotpedia's Daily Presidential News Briefing, Argument: April 19-20, 1961 and October 9, 1961. Appellants had standing to maintain this suit. But as the very nature of the controversy was Federal, and, therefore, jurisdiction existed, whilst the opinion of the court as to the want of merit in the cause of action might have furnished ground for dismissing for that reason, it afforded no sufficient ground for deciding that the action was not one arising under the Constitution and laws of the United States.". 178, §§ 1, 2; 1915, ch. Gomillion v. Lightfoot, 270 F.2d 594, relying upon, inter alia, Hunter v. Pittsburgh, 207 U. S. 161. 65 U. S. Dennison, 24 How. . [Footnote 4/120] Montana required reapportionment of its House on the basis of periodic enumerations according to ratios to be fixed by law, [Footnote 4/121] but its counties were represented as counties in the Senate, each county having one senator. Then it made clear that its dismissal reflected a view not of doubt that violation of constitutional rights was alleged, but of a court's impotence to correct that violation: "With the plaintiffs' argument that the legislature of Tennessee is guilty of a clear violation of the state constitution and of the rights of the plaintiffs the Court entirely agrees. . The federal courts are, of course, not forums for political debate, nor should they. [T]he contention, if held to be sound, would necessarily affect the validity not only of the particular statute which is before us, but of every other statute passed in Oregon since the adoption of the initiative and referendum. 36,967 2.65, Madison . . It is only by blinking reality that such an analysis can stand and that the essentially legislative determination can be made the subject of judicial inquiry. But compare Terry v. Adams, 345 U. S. 461. Whether dismissal of this case should have been for want of jurisdiction or, as is suggested in Bell v. Hood, 327 U. S. 678, 327 U. S. 682-683, for failure of the complaint to state a claim upon which relief could be granted, the judgment of the District Court was correct. Problems of timing were critical in Remmey v. Smith, 342 U.S. 916, dismissing for want bf a substantial federal question a three-judge court's dismissal of the suit as prematurely brought, 102 F. Supp. [Footnote 4/23] Claims resting on this specific, guarantee of the Constitution have been held nonjusticiable which challenged state distribution of powers between the legislative and judicial branches, Ohio ex rel. ", 328 U.S. at 328 U. S. 565-566. The same consistent refusal of this Court to find that the Federal Constitution restricts state power to design the structure of state political institutions is reflected in the cases rejecting claims arising out of the States' creation, alteration, or destruction of local subdivisions or their powers, insofar as these claims are made by the subdivisions themselves, see Laramie County v. Albany County, 92 U. S. 307; Pawhuska v. Pawhuska Oil & Gas Co., 250 U. S. 394; Trenton v. New Jersey, 262 U. S. 182; Risty v. Chicago, R.I. & P. R. Co., 270 U. S. 378, 270 U. S. 389-390; Williams v. Mayor and City Council of Baltimore, 289 U. S. 36, or by the whole body of their residents who share only a general, undifferentiated interest in their preservation. I, § 4, Art. The existence of the United States Senate is proof enough of that. . 24; H.R.Doc. Georgia v. Stanton, supra, expresses a philosophy at war with Ex parte Milligan, 4 Wall. 824, reversed and cause remanded, APPEAL FROM THE UNITED STATES DISTRICT COURT. . The U.S. district court dismissed the case, ruling that it lacked jurisdiction and that the plaintiffs’ claims were not justiciable, meaning that they were “political questions” not appropriately resolved by a . [Footnote 4/64] This resulted in grossly unequal electoral units. Tennessee has an "informed, civically militant electorate" and "an aroused popular conscience," but it does not sear "the conscience of the people's representatives." . In this connection, special attention is due Pacific States Tel. Mr. Justice Rutledge believed that it was not necessary to decide them. . III, § 5; Wash.Const., 1889, Art. . Nor do the cases cited immediately after the above quotation deal with standing. In Kennard v. Louisiana ex rel. 320) that: "To allow this action will make publick officers more careful to observe the constitution of cities and boroughs, and not to be so partial as they commonly are in all elections, which is indeed a great and growing mischief, and tends to the prejudice of the peace of the nation. Charles W. BAKER et al., Appellants, v. Joe C. CARR et al. The power was provided. councils. These governments the Constitution did not change. . [Footnote 4/77] In South Carolina in 1790, the three lower districts, with a white population of less than twenty-nine thousand, elected twenty senators and seventy assembly members; while, in the uplands, more than one hundred and eleven thousand white persons elected seventeen senators and fifty-four assemblymen. . 103. Compare Boeing Aircraft Co. v. King County, 330 U.S. 803 ("the appeal is dismissed for want of jurisdiction"). [Footnote 4/143] The first, third and fifth of these examples are the products of constitutional provisions which subordinate population to regional considerations in apportionment; the second is the result of legislative inaction; the fourth derives from both constitutional and legislative sources. at 30 U. S. 51, 30 U. S. 75. The separate writings of my dissenting and concurring Brothers stray so far from the subject of today's decision as to convey, I think, a distressingly inaccurate impression of what the Court decides. This decision was appealed to the Supreme Court, which first heard oral argument on April 19 and 20, 1961. His view was that, "The shortness of the time remaining [before forthcoming elections] makes it doubtful whether action could, or would, be taken in time to secure for petitioners the effective relief they seek. It is true that the contest in this case did not last long enough to bring the matter to this issue, and .

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